IN THE MATTER OF THE APPLICATION OF JOSEPH ROESCH V OFFICE OF THE EXECUTIVE DIRECTOR, AND ACTING EXECUTIVE DIRECTOR OF
Motion No: CA 24-00420
Slip Opinion No: 2024 NY Slip Op 66237(U)
Decided on April 15, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


April 15, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 24-00420
Index No: CA 2023-00345

IN THE MATTER OF THE APPLICATION OF JOSEPH ROESCH,

PETITIONER-APPELLANT,

V

OFFICE OF THE EXECUTIVE DIRECTOR, AND ACTING EXECUTIVE

DIRECTOR OF STARC-OAKVIEW, NEW YORK STATE (NYS) OFFICE OF

MENTAL HEALTH (OMH), OFFICE OF COMMISSIONER FOR THE OFFICE

OF MENTAL HEALTH, DEFENDANTS-RESPONDENTS,


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Oneida County, entered October 25, 2023, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and

It is further ORDERED that the Oneida County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Oneida in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Memorandum: Assignment of counsel is not available.

Entered: April 15, 2024

Ann Dillon Flynn

Clerk of the Court